Provisions relating to the use of certain epoxy derivatives (BADGE, BDGE and NOGE)
12.—(1) In this regulation —
(a)any reference to a numbered Article is a reference to that Article in Regulation 1895/2005;
(b)paragraphs (2) to (5) are subject to Article 1(3) (exception relating to certain storage containers and pipelines); and
(c)for the purpose of Article 6(4) (requirement to disclose date of filling) the competent authority is the authority identified in regulation 15.
(2) Subject to Article 6(1), (2) (transitional provisions) and (4) (labelling requirements), a person shall not—
(a)manufacture,
(b)use for the handling of food in the course of a business,
(c)sell for the purpose of the handling of food, or
(d)import for the purpose of the handling of food
any material or article in contravention of Article 3 or Article 4 (prohibitions relating to BFDGE and NOGE respectively).
(3) A person shall not manufacture any material or article in such a way as to contravene the requirements of Article 2 (controls on the migration of BADGE from materials and articles).
(4) Subject to Article 6(1), a person shall not —
(a)use for the handling of food in the course of a business,
(b)sell for the purpose of the handling of food, or
(c)import for the purpose of the handling of food
any material or article that has been manufactured in such a way as to contravene the requirements of Article 2.
(5) Subject to Article 6(3) (transitional provisions relating to materials and articles brought into contact with food before 1st January 2007), a person shall not contravene or fail to comply with the requirements of Article 5 (obligations regarding the provision of a written statement when marketing materials or articles containing BADGE or its derivatives).
(6) A person shall not without reasonable excuse fail to comply with a request made under Article 6(4).